Alvarado Trunk Sewer Ph IV and Water Main Relocations Bid Package A.pdf

City of San Diego

CONTRACTOR’S NAME:

ADDRESS:

TELEPHONE NO.: FAX NO.:

CITY CONTACT: Brittany Friedenreich, Senior Contract Specialist, Email: BFriedenreic@sandiego.gov Phone No. (619) 533-3104___________________________________________________________

J. Jaro / L. Arikat / Y. Kawai

BIDDING DOCUMENTS

FOR

ALVARADO TRUNK SEWER PH IV AND WATER MAIN

RELOCATIONS BID PACKAGE A

BID NO.: K-27-2470-DBB-3-C

SAP NO. (WBS/IO/CC): B-18104, S-15019

CLIENT DEPARTMENT: 2000

COUNCIL DISTRICT: 7

PROJECT TYPE: JB, KB

THIS CONTRACT WILL BE SUBJECT TO THE FOLLOWING:

PROJECT LABOR AGREEMENT

FEDERAL AND CASRF DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS

ELIGIBLE FOR JOINT VENTURE PREQUALIFICATION STATUS (see Instructions to Bidders)

PREVAILING WAGE RATES: STATE FEDERAL

APPRENTICESHIP

THIS IS A CLEAN WATER STATE REVOLVING FUND (CWSRF) FUNDED CONTRACT THROUGH THE

ENVIRONMENTAL PROTECTION AGENCY (EPA)

THIS CONTRACT MAY BE SUBJECT TO THE FOLLOWING:

PHASED-FUNDING

BID DUE DATE:

2:00 PM

OCTOBER 28, 2026

CITY OF SAN DIEGO’S ELECTRONIC BIDDING SITE, PLANETBIDS

http://www.sandiego.gov/cip/bidopps/

ENGINEER OF WORK

The engineering Specifications and Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer:

Seal:

For City Engineer Date

Alvarado Trunk Sewer Ph IV and Water Main Relocations Bid Package A K-27-2470-DBB-3-C 2 | Page

08/19/2026

TABLE OF CONTENTS

SECTION PAGE

1. REQUIRED DOCUMENTS SCHEDULE

2. NOTICE INVITING BIDS

3. INSTRUCTIONS TO BIDDERS

4. PERFORMANCE AND PAYMENT BONDS……………………………………………………………………….………..25

5. ATTACHMENTS:

A. SCOPE OF WORK

B. PHASED FUNDING PROVISIONS

C. EQUAL OPPORTUNITY CONTRACTING PROGRAM

D. FUNDING AGENCY PROVISIONS

1. California State Revolving Fund (CASRF) Requirement

2. Monthly Employment Utilization Reports

3. Federal Wage Requirements for Federally Funded Projects

4. Prevailing Wage Rates

5. Wage Rates

6. Environmental Protection Agency specific Provisions for Disadvantaged Business

Enterprise (DBE)

7. Good Faith Effort Documentation Submittals

8. Forms

Form AA61 List of Work Made Available Form AA62: Summary of Bids Received Form AA63: Good Faith Effort List of Subcontractors Solicited

E. SUPPLEMENTARY SPECIAL PROVISIONS

1. Appendix A - Environmental Documents

2. Appendix B - Fire Hydrant Meter Program

3. Appendix C - Materials Typically Accepted by Certificate of Compliance

4. Appendix D - Sample City Invoice

5. Appendix E - Location Maps

6. Appendix F - Adjacent Projects Map

7. Appendix G - Contractor’s Daily Quality Control Inspection Report

8. Appendix H - Monthly Drinking Water Discharge Monitoring Form

9. Appendix I - Hazardous Waste Label/Forms

10. Appendix J - Long-Term Maintenance and Monitoring Agreement

11. Appendix K - Sample of Public Notice

12. Appendix L - Sample Certification Letter (American Iron and Steel)

13. Appendix M - Advanced Metering Infrastructure (AMI) Device Protection

14. Appendix N - Paleontological Construction Monitoring Requirements

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15. Appendix O - Sample Contractor Performance Evaluation (CPE) Form

16. Appendix P - Sample Archaeology Invoice

17. Appendix Q - Pavement Coring Report

18. Appendix R - Technical Specifications

F. IN-USE OFF-ROAD DIESEL FUELED FLEET REGULATION (OFF-ROAD REGULATION)

COMPLIANCE (CARB)……………………………………………………………………………………………………..382

G. CONTRACT AGREEMENT

H. PROJECT LABOR AGREEMENT

I. CONFIDENTIALITY CERTIFICATION

6. CERTIFICATIONS AND FORMS

K-27-2470-DBB-3-C 4 | Page

REQUIRED DOCUMENTS SCHEDULE DURING BIDDING AND AWARDING

The Bidder’s attention is directed to the City’s Municipal Code §22.0807(d)(2) for important information regarding grounds for debarment for failure to submit required documentation.

The specified Equal Opportunity Contracting Program (EOCP) forms are available for download from the City’s web site at:

http://www.sandiego.gov/eoc/forms/

FEDERAL DOCUMENTS SUBMITTAL REQUIREMENTS

ITEM DOCUMENT TO BE SUBMITTED WHEN DUE FROM

1. Bid Bond (PDF via PlanetBids) At Time of Bid ALL BIDDERS

2. Contractors Certification of Pending Actions At Time of Bid ALL BIDDERS

3. Subcontractors for Alternates At Time of Bid ALL BIDDERS

4. Mandatory Disclosure of Business Interests At Time of Bid ALL BIDDERS

5. Debarment and Suspension Certification for Prime Contractors

At Time of Bid ALL BIDDERS

6.

Debarment and Suspension Certification for Subcontractors, Suppliers & Mfgrs

At Time of Bid ALL BIDDERS

7. Non-Lobbying Certification At Time of Bid ALL BIDDERS

8. Disclosure of Lobbying Activities At Time of Bid ALL BIDDERS

Alvarado Trunk Sewer Ph IV and Water Main Relocations Bid Package A

K-27-2470-DBB-3-C

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ITEM DOCUMENT TO BE SUBMITTED WHEN DUE FROM

9. Bid Bond (Original) By 5 PM, 1 Working Day After Bid Opening

ALL BIDDERS

10. Federal Good Faith Documentation Within 4 working days of bid opening

ALL BIDDERS

11. Form AA61 – List of Work Made Available

Within 4 working days of bid opening with good faith effort documentation

ALL BIDDERS

12. Form AA62 – Summary of Bids Received

Within 4 working days of bid opening with good faith effort documentation

ALL BIDDERS

13. Form AA63 – Good Faith Effort List of Subcontractors Solicited

Within 4 working days of bid opening with good faith effort documentation

ALL BIDDERS

14.

Phased Funding Schedule Agreement (when required)

Within 10 working days of the Notice of Intent to Award

AWARDED

BIDDER

15.

If the Contractor is a Joint Venture:

• Joint Venture Agreement

• Joint Venture License

Within 10 working days of receipt by bidder of contract forms

AWARDED

BIDDER

16. Payment & Performance Bond: Certificates of Insurance & Endorsements

Within 10 working days of receipt by bidder of contract forms and NOI

AWARDED

BIDDER

17.

In-Use Off-Road Diesel Fueled Fleet Regulation (OFF-ROAD REGULATION) Compliance

Within 10 working days of receipt by bidder of contract forms and NOI

AWARDED

BIDDER

18. Signed Contract Agreement Page Within 3 working days of receipt by bidder of Contract Agreement

AWARDED

BIDDER

Alvarado Trunk Sewer Ph IV and Water Main Relocations Bid Package A

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ITEM DOCUMENT TO BE SUBMITTED WHEN DUE FROM

19.

Listing of “Other Than First Tier” Subcontractors

Within 10 working days of receipt by bidder of contract forms

AWARDED

BIDDER

20.

PLA Forms

• Letter of Assent

• Jobs Coordinator Designation Form

Within 10 working days of receipt by bidder of contract forms

AWARDED

BIDDER

21. Confidentiality Certification SEPTEMBER 14, 2026, at

10:00 AM

ALL BIDDERS

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NOTICE INVITING BIDS

1. SUMMARY OF WORK: This is the City of San Diego’s (City) solicitation process to acquire Construction services for ALVARADO TRUNK SEWER PH IV AND WATER MAIN RELOCATIONS BID PACKAGE A. For additional information refer to Attachment A.

2. CONFIDENTIALITY CERTIFICATION: Prime Contractors must sign and submit a Confidentiality Certification (Attachment I) prior to being granted access to the Confidential Information.

The signed Confidentiality Certification must be emailed to the Senior Contract Specialist, Brittany Friedenreich at BFriedenreic@sandiego.gov, no later than September 14, 2026, at

10:00 AM.

The Confidential Information will be provided through PlanetBids to Prime Contractors who have submitted a signed Confidentiality Certification. A PlanetBids invite will be provided within one business day of the above due date.

Contractor shall not disclose the Confidential Information to third parties (including subcontractors and agents) or to employees of Contractor who are not required to have the information for the purpose of bidding on the project. Prime Contractor assumes responsibility for any subcontractors.

For the full Confidentiality Certification, please refer to Attachment I.

3. FULL AND OPEN COMPETITION: This solicitation is subject to full and open competition and may be bid by Contractors on the City’s approved Prequalified Contractors List. For information regarding the Contractors Prequalified list visit the City’s web site:

http://www.sandiego.gov.

4. ESTIMATED CONSTRUCTION COST: The City’s estimated construction cost for this project is $35,100,000.00.

5. BID DUE DATE AND TIME ARE: OCTOBER 28, 2026 at 2:00 PM.

6. PREVAILING WAGE RATES APPLY TO THIS CONTRACT: Refer to Attachment D.

7. LICENSE REQUIREMENT: To be eligible for award of this contract, Prime contractor must possess the following licensing classification: A

7.1. ADDITIONAL LICENSE REQUIREMENTS: See Appendix J - Long Term Maintenance and Monitoring Agreement for C-27 requirement.

8. PROJECT LABOR AGREEMENT:

8.1. This work is covered by a Citywide Project Labor Agreement (PLA) entered into by the City of San Diego, the San Diego Building and Construction Trades Council and signatory Craft Unions, included herein as Attachment H.

Alvarado Trunk Sewer Ph IV and Water Main Relocations Bid Package A

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This work will provide many opportunities for local residents and local small business enterprises to participate. It is the City’s policy that contractors will cooperate with all efforts of the City, the Project Labor Coordinator, the Jobs Coordinator, and other organizations retained by the City to encourage and assist in the participation of Local, Targeted and/or Veteran workers.

8.2. LETTER OF ASSENT. The Contractor and all subcontractors agree to be bound by the PLA by submitting a Letter of Assent (PLA Attachment B) to the City’s Project Labor Coordinator. The Contractor shall submit its Letter of Assent as a condition of award and all subcontractors shall submit their Letter of Assent before commencing any Work on the Project.

8.3. PRE-JOB CONFERENCE. Each contractor, regardless of tier, is required to conduct a pre-job conference with the Unions not later than ten (10) calendar days prior to commencing work.

The Prime Contractor is responsible for facilitating and scheduling their own pre-job conferences and for facilitating, scheduling, and ensuring that all its subcontractors conduct a pre-job conference.

8.4. JOBS COORDINATOR. The Contractor will be required to hire a Jobs Coordinator, an independent third-party individual, entity or employee with whom the Prime Contractor enters into a contract or employs to assist the Contractor with achieving and exceeding the Local Worker goals set forth in the PLA, Article 4, Section 4.5, to assist with fulfilling the Work Opportunities Program as set forth in Article 22, and to assist with Helmets to Hardhats participation as set forth in Article 23.

Each subcontractor, regardless of tier, shall utilize the Jobs Coordinator retained by the Prime Contractor, pursuant to the PLA, Article 22 Section 22.2 (f). The Contractor shall submit a Jobs Coordinator Designation Form as a condition of award.

9. BUSINESS COOPERATION TAX PROGRAM

You must exercise your right to obtain a California State of Board of Equalization (BOE) sub-permit for the jobsite and allocate all eligible Bradley-Burns Uniform Local Sales and Use Tax (Use Tax) to the City. In addition, you will ensure that all eligible subcontractors will exercise their right to obtain this BOE sub-permit and allocate all eligible Use Tax to the City. The City will not issue a notice to proceed unless you and your eligible subcontractors have obtained this sub-permit from the BOE. More information on obtaining this permit can be found by contacting the local BOE office.

10. FEDERAL AND CASRF DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS

10.1. The City affirms that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprise DBE firms will be afforded full opportunity to submit Bids in response to this invitation.

Alvarado Trunk Sewer Ph IV and Water Main Relocations Bid Package A

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10.2. This Federally assisted project requires Good Faith Efforts (GFE) to be made prior to bidding. GFE made after the Bid opening will not be considered for the Award of Contract.

10.3. Disadvantaged Business Enterprise firms are:

10.3.1 Entities owned and/or controlled by socially and economically disadvantaged individuals as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. § 7601 see 40 C.F.R. § 33.203) (10% statute) or by Public Law 102-389 (42 U.S.C. § 4370d; see 40 C.F.R. § 33.202) (8% statute);

10.3.2 Minority Business Enterprise (MBE) - entities that are at least 51% owned and/or controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. § 7601;

see 40 C.F.R. § 33.203), and Public Law 102-389 (42 U.S.C. § 4370d; see 40 C.F.R.

§ 33.202);

10.3.3 Women Business Enterprise (WBE) - entities that are at least 51% owned and/or controlled by women.

10.4. DBE must be certified: Contractors and sub-contractors must be certified at bid opening and must provide proof of DBE certification. Certifications will be accepted from the following:

10.4.1 The Small Business Administration (SBA)

10.4.2 The Department of Transportation’s State implemented DBE Certification Program (with U.S. citizenship)

10.4.3 Tribal, State and Local governments in accordance with EPA’s 8% or 10% statutes

10.4.4 Independent private organization certifications in accordance with EPA’s 8% or 10% statutes

If an entity holds one of these certifications, it is considered acceptable for establishing status under the DBE Program.

10.5 Bid shall be declared non-responsive if the Bidder fails any of the following conditions:

10.5.1. Submission of GFE documentation, as specified in the Funding Agency Provisions.

10.5.2. Attending the Pre-Bid Meeting.

10.5.3. Submit Good Faith Effort (GFE) documentation, saved in searchable Portable Document Format (PDF), demonstrating the Bidder made a good faith effort

Alvarado Trunk Sewer Ph IV and Water Main Relocations Bid Package A

10 | Page to conduct outreach to and include DBE Subcontractors as required in this solicitation by 5 PM 4 Working Days after the Bid opening.

All submittals in searchable PDF shall be submitted electronically within the prescribed time identified in the contract documents via PlanetBids by invitation to the point of contact named in the bid provided by the Contract Specialist to all bidders.

11. PRE-BID MEETING:

11.1. ONLINE PRE-BID MEETING:

Prospective Bidders are Required to attend the Pre-Bid Meeting.

Failure to attend the Pre-Bid Meeting will result in the Bidder’s Bid being deemed non-responsive.

Bidders will not be admitted after the specified start time of the Meeting.

The Pre-Bid Meeting will be held on Thursday, September 10, 2026, at 10:00 AM (PDT) at:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/221838905693817?p=Wa3c0mzJlq4vFeM859

Meeting ID: 221 838 905 693 817 Passcode: NR27wE2y Need help? | System reference Dial in by phone +1 945-468-5511,,131736655# United States, Dallas Find a local number Phone conference ID: 131 736 655#

For organizers: Meeting options | Reset dial-in PIN

Please Note: You will need to join the meeting with a computer, tablet or smartphone with the Microsoft Teams in order to sign in via the Chat feature as attendance at the meeting will be evidenced by the Chat sign-in. The Chat feature will also be used for attendees to ask any questions.

The purpose of the meeting is to discuss the scope of the Project, submittal requirements, and any Equal Opportunity Contracting Program requirements and reporting procedures.

Upon entering the meeting, all attendees must use the chat feature to sign in with the following information: Name of firm, Attendee's name, Phone number and Email address.

11 | Page https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZTU5M2JmMjYtODQ0OS00YzQzLWJhZWUtOWIxNDRhMzliYzdk%40thread.v2/0?context=%7b%22Tid%22%3a%22ab26ceb7-278f-4dcb-8df6-4e2363556459%22%2c%22Oid%22%3a%2221900f25-8e1e-407d-b4d4-942e3a59ec97%22%7d tel:+19454685511,,131736655 https://dialin.teams.cloud.microsoft/67310406-9fc0-49fb-a885-57cc2f23b004?id=131736655 https://teams.microsoft.com/meetingOptions/?organizerId=21900f25-8e1e-407d-b4d4-942e3a59ec97&tenantId=ab26ceb7-278f-4dcb-8df6-4e2363556459&threadId=19_meeting_ZTU5M2JmMjYtODQ0OS00YzQzLWJhZWUtOWIxNDRhMzliYzdk@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing

12. AWARD PROCESS:

12.1. The Award of this contract is contingent upon the Contractor’s compliance with all conditions of Award as stated within these documents and within the Notice of Intent to Award.

12.2. Upon acceptance of bids and determination of the apparent low bidder, the City will prepare the contract documents for execution within approximately 21 days of the date of the bid opening. The City will then award the contract upon receipt of properly signed Contract, bonds, and insurance documents.

12.3. This contract will be deemed executed and effective only upon the signing of the Contract by the Mayor or his designee and approval as to form by the City Attorney’s Office.

12.4. The low Bid will be determined by the Base Bid plus all the Alternates.

12.5. Once the low Bid has been determined, the City may, at its sole discretion, award the contract for the Base Bid alone or for the base bid plus one or more Alternates.

13. SUBMISSION OF QUESTIONS:

13.1. The Director (or Designee) of the Purchasing & Contracting Department is the officer responsible for opening, examining, and evaluating the competitive Bids submitted to the City for the acquisition, construction and completion of any public improvement except when otherwise set forth in these documents. Any questions related to this solicitation shall be submitted to:

Brittany Friedenreich, Senior Contract Specialist at BFriedenreic@sandiego.gov

13.2. Questions received less than 14 days prior to the date for opening of Bids may not be considered.

13.3. Questions or clarifications deemed by the City to be material shall be answered via issuance of an addendum and posted to the City’s online bidding service.

13.4. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the Bidder's responsibility to be informed of any addenda that have been issued and to include all such information in its Bid.

14. SUPPLEMENTAL AGREEMENTS: Supplemental agreements attached to this contract for items of Work such as revegetation maintenance/monitoring shall be signed by the BIDDER at time of award of the primary BID. The signed agreements shall be accompanied by the proper bonds and insurance as specified in 1-7.2, “CONTRACT BONDS,” 5-4, “INSURANCE,” and 5-4.2.3 “WORKERS’ COMPENSATION INSURANCE” (in Contract document). Bonds shall be in the amount of the total Contract Price for all Work including the supplemental agreements.

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14.1. Partial Release of Performance Bond and Labor and Materialmen’s Bond: For information regarding partial release of bonds for this Contract, see Supplementary Special Provisions, Appendix J.

15. PHASED FUNDING: This contract may be subject to phased funding, for Conditions, see Attachment B.

16. ADDITIVE/DEDUCTIVE ALTERNATES:

16.1. The additive/deductive alternates have been established to allow the City to compare the cost of specific portions of the Work with the Project’s budget and enable the City to make a decision whether to incorporate these portions prior to award. The award will be established as described in the Bid. The City reserves the right to award the Contract for the Base Bid only or for the Base Bid plus one or more Alternates.

16.2. For water pipeline projects, the Plans typically show all cut and plug and connection work to be performed by City Forces. However, Bidders shall refer to Bidding Documents to see if all or part of this work will be performed by the Contractor.

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INSTRUCTIONS TO BIDDERS

1. PREQUALIFICATION OF CONTRACTORS:

1.1. Contractors submitting a Bid must be pre-qualified for the total amount proposed, including all alternate items, prior to the date of submittal. Bids from contractors who have not been pre-qualified as applicable and Bids that exceed the maximum dollar amount at which contractors are pre-qualified may be deemed non-responsive and ineligible for award.

1.2. If the applicant is a subsidiary of a parent company, the applicant may provide the consolidated audited financial statement of the parent company; provided, however, that the applicant submits a statement signed by a duly authorized representative of the parent company confirming that the parent company will guarantee the performance of any contract awarded to the applicant. The City may also require the parent company to execute a separate agreement with the City to guarantee the subsidiary's performance prior to executing any contract with the subsidiary.

1.3. The completed application must be submitted online no later than 2 weeks prior to the bid opening.

1.4. Joint Venture Bidders Cumulative Maximum Bidding Capacity: For projects with an engineer’s estimate of $30,000,000 or greater, Joint Ventures submitting bids may be deemed responsive and eligible for award if the cumulative maximum bidding capacity of the individual Joint Venture entities is equal to or greater than the total amount proposed.

1.4.1. Each of the entities of the Joint Venture must have been previously prequalified at a minimum of $15,000,000.

1.4.2. Bids submitted with a total amount proposed of less than $30,000,000 are not eligible for Cumulative Maximum Bidding Capacity prequalification. To be eligible for award in this scenario, the Joint Venture itself or at least one of the Joint Venture entities must have been prequalified for the total amount proposed.

1.4.3. Bids submitted by Joint Ventures with a total amount proposed of $30,000,000 or greater on a project with an engineer’s estimate of less than $30,000,000 are not eligible for Cumulative Maximum Bidding Capacity prequalification.

1.4.4. The Joint Venture designated as the Apparent Low Bidder shall provide evidence of its corporate existence and furnish good and approved bonds in the name of the Joint Venture within 14 Calendar Days of receipt by the Bidder of a form of contract for execution.

1.5. Complete information and links to the on-line prequalification application are available at:

http://www.sandiego.gov/cip/bidopps/prequalification

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1.6. Due to the City’s responsibility to protect the confidentiality of the contractors’ information, City staff will not be able to provide information regarding contractors’ prequalification status over the telephone. Contractors may access real-time information about their prequalification status via their vendor profile on PlanetBids. TM

2. ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of San Diego’s electronic bidding (eBidding) site, at:

http://www.sandiego.gov/cip/bidopps/ and are due by the date, and time shown on the cover of this solicitation.

2.1. BIDDERS MUST BE PRE-REGISTERED with the City’s bidding system and possess a system-assigned Digital ID in order to submit an electronic bid.

2.2. The City’s bidding system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City’s bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more.

Because of these security features, Contractors who disable their browsers’ cookies will not be able to log in and use the City’s bidding system.

2.3. The City’s electronic bidding system is responsible for bid tabulations. Upon the bidder’s or proposer’s entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents.

2.4. BIDS REMAIN SEALED UNTIL BID DEADLINE. eBids are transmitted into the City’s bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256 bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the “Bid Due Date and Time” are not available for review by anyone other than the submitter who has until the “Bid Due Date and Time” to change, rescind or retrieve its proposal should it desire to do so.

2.5. BIDS MUST BE SUBMITTED BY BID DUE DATE AND TIME. Once the bid deadline is reached, no further submissions are accepted into the system. Once the Bid Due Date and Time has lapsed, bidders, proposers, the general public, and City staff are able to immediately see the results on line. City staff may then begin reviewing the submissions for responsiveness, EOCP compliance and other issues. The City may require any Bidder to furnish statement of experience, financial responsibility, technical ability, equipment, and references.

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2.6. RECAPITULATION OF THE WORK. Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for.

2.7. BIDS MAY BE WITHDRAWN by the Bidder only up to the bid due date and time.

2.7.1. Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder’s submission to upload and be received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids are received on time by the City’s eBidding system. The City of San Diego is not responsible for bids that do not arrive by the required date and time.

2.8. ACCESSIBILITY AND AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE: To request a copy of this solicitation in an alternative format, contact the Purchasing & Contracting Department, Public Works Division Contract Specialist listed on the cover of this solicitation at least five (5) working days prior to the Bid/Proposal due date to ensure availability.

3. ELECTRONIC BID SUBMISSIONS CARRY FULL FORCE AND EFFECT:

3.1. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature.

3.2. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents.

3.3. The Bidder, by submitting its electronic bid, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this bid are true and correct.

3.4. The Bidder agrees to the construction of the project as described in “Attachment A – Scope of Work” for the City of San Diego, in accordance with the requirements set forth herein for the electronically submitted prices. The Bidder guarantees the Contract Price for a period of 120 days from the date of Bid opening.

The duration of the Contract Price guarantee shall be extended by the number of days required for the City to obtain all items necessary to fulfill all conditions precedent.

4. BIDS ARE PUBLIC RECORDS: Upon receipt by the City, Bids shall become public records subject to public disclosure. It is the responsibility of the respondent to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the Bid. General references to sections of the California Public Records Act (PRA) will not suffice. If the Contractor does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City

16 | Page shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Contractor will hold the City harmless for release of this information.

5. CONTRACTOR REGISTRATION AND ELECTRONIC REPORTING SYSTEM:

5.1. Prior to the Award of the Contract or Task Order, you and your Subcontractors and Suppliers must register with the City’s web-based vendor registration and bid management system. For additional information go to:

http://www.sandiego.gov/purchasing/bids-contracts/vendorreg

5.2. The City may not award the contract until registration of all subcontractors and suppliers is complete. In the event this requirement is not met within the time frame specified in the Notice of Intent to Award letter, the City reserves the right to rescind the Notice of Award / Intent to Award and to make the award to the next responsive and responsible bidder / proposer.

6. JOINT VENTURE CONTRACTORS: Provide a copy of the Joint Venture agreement and the Joint Venture license to the City within 14 Calendar Days after receiving the Contract forms.

7. INSURANCE REQUIREMENTS:

7.1. All certificates of insurance and endorsements required by the contract are to be provided upon issuance of the City’s Notice of Intent to Award letter.

7.2. Refer to sections 5-4, “INSURANCE” of the Supplementary Special Provisions (SSP) for the insurance requirements which must be met.

8. REFERENCE STANDARDS: Except as otherwise noted or specified, the Work shall be completed in accordance with the following standards:

Title Edition Document

Number

Standard Specifications for Public Works Construction (“The GREENBOOK”) http://www.greenbookspecs.org/

2021 ECPI010122-01

City of San Diego Standard Specifications for Public Works Construction (“The WHITEBOOK”)* https://www.sandiego.gov/ecp/edocref/greenbook

2021 ECPI010122-02

City of San Diego Standard Drawings* https://www.sandiego.gov/ecp/edocref/standarddraw

2021 ECPI010122-03

Citywide Computer Aided Design and Drafting (CADD) Standards https://www.sandiego.gov/ecp/edocref/drawings 2018 PWPI010119-04

California Department of Transportation (CALTRANS) Standard Specifications https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications

2023 ECPD092023-05

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Title Edition Document

Number CALTRANS Standard Plans https://dot.ca.gov/programs/design/july-2023-ccs-standard-plans-and-standard-specifications

2023 ECPD092023-06

California Manual on Uniform Traffic Control Devices Revision 9 (CA MUTCD Rev 9) https://dot.ca.gov/programs/safety-programs/camutcd

2014 ECPD080725-07

NOTE: *Available online under Engineering Documents and References at:

https://www.sandiego.gov/ecp/edocref/

*Electronic updates to the Standard Drawings may also be found in the link above

9. CITY'S RESPONSES AND ADDENDA: The City, at its discretion, may respond to any or all questions submitted in writing via the City’s eBidding web site in the form of an addendum.

No other responses to questions, oral or written shall be of any force or effect with respect to this solicitation. The changes to the Contract Documents through addenda are made effective as though originally issued with the Bid. The Bidders shall acknowledge the receipt of Addenda at the time of bid submission.

10. CITY'S RIGHTS RESERVED: The City reserves the right to cancel the Notice Inviting Bids at any time, and further reserves the right to reject submitted Bids, without giving any reason for such action, at its sole discretion and without liability. Costs incurred by the Bidder(s) as a result of preparing Bids under the Notice Inviting Bids shall be the sole responsibility of each bidder. The Notice Inviting Bids creates or imposes no obligation upon the City to enter a contract.

11. CONTRACT PRICING: This solicitation is for a Lump Sum contract with Unit Price provisions as set forth herein. The Bidder agrees to perform construction services for the City of San Diego in accordance with these contract documents for the prices listed below. The Bidder further agrees to guarantee the Contract Price for a period of 120 days from the date of Bid opening. The duration of the Contract Price guarantee may be extended, by mutual consent of the parties, by the number of days required for the City to obtain all items necessary to fulfill all contractual conditions.

12. SUBCONTRACTOR INFORMATION:

12.1. LISTING OF SUBCONTRACTORS. In accordance with the requirements provided in the "Subletting and Subcontracting Fair Practices Act" of the California Public Contract Code, the Bidder shall provide for each of their subcontractors who will perform work, labor, render services or who specially fabricates and installs a portion [type] of the work or improvement, in an amount in excess of 0.5% of the Contractor's total bid, the:

• NAME and ADDRESS of each subcontractor

• Whether each subcontractor is a CONSTRUCTOR, CONSULTANT or

SUPPLIER.

• The CA State License Board Number

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• The DIR REGISTRATION NUMBER of each subcontractor

• The PORTION [type] of the work for each subcontractor. The Contractor shall list only one subcontractor for each portion of the Work.

• The DOLLAR VALUE of the work to be performed by each subcontractor listed.

Failure to comply with these requirements may result in the Bid being rejected as nonresponsive and ineligible for award.

The Bidder's attention is directed to the Special Provisions - General; 3-2, “Self- Performance”, which stipulates the percent of the base bid Work to be performed with the Bidders' own forces. The Bidder shall list all SLBE, ELBE, DBE, DVBE, MBE, WBE, OBE, SDB, WoSB, HUBZone, and SDVOSB Subcontractors for which Bidders are seeking recognition towards achieving any mandatory, voluntary (or both) subcontracting participation goals.

Only work performed by subcontractors for the base bid shall be considered in the calculation of self-performance and subcontracting participation goals.

Subcontractor work associated with Alternates shall not be included in these calculations.

12.2. When identifying subcontractors in the PlanetBids Subcontractors tab, only the work and corresponding subcontractor associated with the base bid shall be listed.

Alternate work shall not be included in the base bid Subcontractors tab listing. Work related to alternates shall be identified exclusively on the Subcontractors for Alternates form. The listing of a work to be completed by a subcontractor who is performing both base bid and alternate work shall be listed separately and must not be combined.

12.3. LISTING OF SUPPLIERS. Any Bidder seeking the recognition of Suppliers of equipment, materials, or supplies obtained from third party Suppliers towards achieving any mandatory or voluntary (or both) subcontracting participation goals shall provide, at a minimum, the NAME, LOCATION (CITY), DIR REGISTRATION NUMBER and the DOLLAR VALUE of each supplier. The Bidder will be credited up to 60% of the amount to be paid to the Suppliers for materials and supplies unless vendor manufactures or substantially alters materials and supplies, in which case, 100% will be credited. The Bidder is to indicate within the description whether the listed firm is a supplier or manufacturer. If no indication is provided, the listed firm will be credited at 60% of the listed dollar value for purposes of calculating the Subcontractor Participation Percentage.

12.4. Additionally, pursuant to California Senate Bill 96 and in accordance with the requirements of Labor Code sections 1771.1 and 1725.5, by submitting a bid or proposal to the City, Contractor is certifying that he or she has verified that all subcontractors used on this public work project are registered with the California Department of Industrial Relations (DIR). The Bidder shall provide the name, address, 19 | Page license number, DIR registration number of any Subcontractor – regardless of tier -who will perform work, labor, render services or specially fabricate and install a portion [type] of the work or improvement pursuant to the contract.

12.5. LISTING OF SUBCONTRACTORS OR SUPPLIERS FOR ALTERNATES. For work performed by subcontractors or suppliers on alternate items, bidder shall use the provided “Subcontractors For Alternates” form and shall indicate for each alternate subcontractor:

• NAME and ADDRESS of each subcontractor

• Whether each subcontractor is a CONSTRUCTOR, CONSULTANT or

SUPPLIER.

• The CA State License Board Number

• The DIR REGISTRATION NUMBER of each subcontractor

• The PORTION [type] of the work for each subcontractor. The Contractor shall list only one subcontractor for each portion of the Work.

• The DOLLAR VALUE of the work to be performed by each subcontractor listed.

Failure to comply with these requirements may result in the bid being rejected as nonresponsive and ineligible for award. Only alternate item information shall be included on the Subcontractors for Alternates form. Base bid information and pricing shall not be included on this form.

13. SUBMITTAL OF “OR EQUAL” ITEMS: See Section 4-6, “Trade Names” in The WHITEBOOK and as amended in the SSP.

14. AWARD:

14.1. The Award of this contract is contingent upon the Contractor’s compliance with all conditions precedent to Award.

14.2. Upon acceptance of a Bid, the City will prepare contract documents for execution within approximately 21 days of the date of the Bid opening and award the Contract approximately within 7 days of receipt of properly executed Contract, bonds, and insurance documents.

14.3. This contract will be deemed executed and effective only upon the signing of the Contract by the Mayor or his designee and approval as to form the City Attorney’s Office.

15. SUBCONTRACT LIMITATIONS: The Bidder’s attention is directed to Standard Specifications for Public Works Construction, Section 3-2, “SELF-PERFORMANCE” in The GREENBOOK and as amended in the SSP which requires the Contractor to self-perform not less than the specified amount. Failure to comply with this requirement shall render the bid non-responsive and ineligible for award.

16. AVAILABILITY OF PLANS AND SPECIFICATIONS: Contract Documents may be obtained by visiting the City’s website: http://www.sandiego.gov/cip/. Plans and Specifications for this contract are also available for review in the office of the City Clerk or Purchasing & Contracting Department, Public Works Division.

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17. ONLY ONE BID PER CONTRACTOR SHALL BE ACCEPTED: No person, firm, or corporation shall be allowed to make, file, or be interested in more than one (1) Bid for the same work unless alternate Bids are called for. A person, firm or corporation who has submitted a sub-proposal to a Bidder, or who has quoted prices on materials to a Bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from submitting a Bid in its own behalf. Any Bidder who submits more than one bid will result in the rejection of all bids submitted.

18. SAN DIEGO BUSINESS TAX CERTIFICATE: The Contractor and Subcontractors, not already having a City of San Diego Business Tax Certificate for the work contemplated shall secure the appropriate certificate from the City Treasurer, Civic Center Plaza, First floor and submit to the Contract Specialist upon request or as specified in the Contract Documents. Tax Identification numbers for both the Bidder and the listed Subcontractors must be submitted on the City provided forms within these documents.

19. BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY) FOR DESIGN-BID-BUILD

CONTRACTS:

19.1. For bids $250,000 and above, bidders shall submit Bid Security at bid time. Bid Security shall be in one of the following forms: a cashier's check, or a properly certified check upon some responsible bank; or an approved corporate surety bond payable to the City of San Diego for an amount of not less than 10% of the total bid amount.

19.2. This check or bond, and the monies represented thereby, will be held by the City as a guarantee that the Bidder, if awarded the contract, will in good faith enter into the contract and furnish the required final performance and payment bonds.

19.3. The Bidder agrees that in the event of the Bidder’s failure to execute this contract and provide the required final bonds, the money represented by the cashier's or certified check will remain the property of the City; and the Surety agrees that it will pay to the City the damages, not exceeding the sum of 10% of the amount of the Bid, that the City may suffer as a result of such failure.

19.4. At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of San Diego, the bid security must be uploaded to the City’s eBidding system. By 5PM, 1 working day after the bid opening date, all bidders must provide the City with the original bid security.

19.5. Failure to submit the electronic version of the bid security at the time of bid submission AND failure to provide the original by 5PM, 1 working day after the bid opening date shall cause the bid to be rejected and deemed non-responsive.

Original Bid Bond shall be submitted to:

Purchasing & Contracting Department, Public Works Division 1200 3rd Ave., Suite 200, MS 56P San Diego, California, 92101 To the Attention of the Contract Specialist on the Front Page of this solicitation.

20. AWARD OF CONTRACT OR REJECTION OF BIDS:

20.1. This contract may be awarded to the lowest responsible and reliable Bidder.

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20.2. Bidders shall complete ALL eBid forms as required by this solicitation. Incomplete eBids will not be accepted.

20.3. The City reserves the right to reject any or all Bids, to waive any informality or technicality in Bids received, and to waive any requirements of these specifications as to bidding procedure.

20.4. Bidders will not be released on account of their errors of judgment. Bidders may be released only upon receipt by the City within 3 Working Days of the bid opening, written notice from the Bidder which shows proof of honest, credible, clerical error of a material nature, free from fraud or fraudulent intent; and of evidence that reasonable care was observed in the preparation of the Bid.

20.5. A bidder who is not selected for contract award may protest the award of a contract to another bidder by submitting a written protest in accordance with the San Diego Municipal Code.

20.6. The City of San Diego will not discriminate in the award of contracts with regard to race, religion creed, color, national origin, ancestry, physical handicap, marital status, sex or age.

20.7. Each Bid package properly signed as required by these specifications shall constitute a firm offer which may be accepted by the City within the time specified herein.

20.8. The City reserves the right to evaluate all Bids and determine the lowest Bidder on the basis of the base bid and any proposed alternates or options as detailed herein.

21. BID RESULTS:

21.1. The availability of the bids on the City’s eBidding system shall constitute the public announcement of the apparent low bidder. In the event that the apparent low bidder is subsequently deemed non-responsive or non-responsible, a notation of such will be made on the eBidding system. The new ranking and apparent low bidder will be adjusted accordingly.

21.2. To obtain the bid results, view the results on the City’s web site, or request the results by U.S. mail and provide a self-addressed, stamped envelope. If requesting by mail, be sure to reference the bid name and number. The bid tabulations will be mailed to you upon their completion. The results will not be given over the telephone.

22. THE CONTRACT:

22.1. The Bidder to whom award is made shall execute a written contract with the City of San Diego and furnish good and approved bonds and insurance certificates specified by the City within 14 days after receipt by Bidder of a form of contract for execution unless an extension of time is granted to the Bidder in writing.

22.2. If the Bidder takes longer than 14 days to fulfill these requirements, then the additional time taken shall be added to the Bid guarantee. The Contract shall be made in the form adopted by the City, which includes the provision that no claim or suit whatsoever shall be made or brought by Contractor against any officer, agent, or

22 | Page employee of the City for or on account of anything done or omitted to be done in connection with this contract, nor shall any such officer, agent, or employee be liable hereunder.

22.3. If the Bidder to whom the award is made fails to enter into the contract as herein provided, the award may be annulled and the Bidder's Guarantee of Good Faith will be subject to forfeiture. An award may be made to the next lowest responsible and reliable Bidder who shall fulfill every stipulation embraced herein as if it were the party to whom the first award was made.

22.4. Pursuant to the San Diego City Charter section 94, the City may only award a public works contract to the lowest responsible and reliable Bidder. The City will require the Apparent Low Bidder to (i) submit information to determine the Bidder’s responsibility and reliability, (ii) execute the Contract in form provided by the City, and (iii) furnish good and approved bonds and insurance certificates specified by the City within 14 Days, unless otherwise approved by the City, in writing after the Bidder receives notification from the City, designating the Bidder as the Apparent Low Bidder and formally requesting the above mentioned items.

22.5. The award of the Contract is contingent upon the satisfactory completion of the above-mentioned items and becomes effective upon the signing of the Contract by the Mayor or designee and approval as to form by the City Attorney’s Office. If the Apparent Low Bidder does not execute the Contract or submit required documents and information, the City may award the Contract to the next lowest responsible and reliable Bidder who shall fulfill every condition precedent to award. A corporation designated as the Apparent Low Bidder shall furnish evidence of its corporate existence and evidence that the officer signing the Contract and bond for the corporation is duly authorized to do so.

23. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK: The Bidder shall examine carefully the Project Site, the Plans and Specifications, other materials as described in the Special Provisions, Section 3-9, “TECHNICAL STUDIES AND SUBSURFACE DATA”, and the proposal forms (e.g., Bidding Documents). The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work, the quantities of materials to be furnished, and as to the requirements of the Bidding Documents Proposal, Plans, and Specifications.

24. CITY STANDARD PROVISIONS: This contract is subject to the following standard provisions.

See The WHITEBOOK for details.

24.1. The City of San Diego Resolution No. R-277952 adopted on May 20, 1991 for a Drug- Free Workplace.

24.2. The City of San Diego Resolution No. R-282153 adopted on June 14, 1993 related to the Americans with Disabilities Act.

24.3. The City of San Diego Municipal Code §22.3004 for Contractor Standards.

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24.4. The City of San Diego’s Labor Compliance Program and the State of California Labor Code §1776.

24.5. Sections 1777.5, 1777.6, and 1777.7 of the State of California Labor Code concerning the employment of apprentices by contractors and subcontractors performing public works contracts.

24.6. The City’s Equal Benefits Ordinance (EBO), Chapter 2, Article 2, Division 43 of The San Diego Municipal Code (SDMC).

24.7. The City’s Information Security Policy (ISP) as defined in the City’s Administrative Regulation 90.63.

25. PRE-AWARD ACTIVITIES:

25.1. The contractor selected by the City to execute a contract for this Work shall submit the required documentation as specified herein and in the Notice of Intent to Award.

Failure to provide the information as specified may result in the Bid being rejected as non-responsive.

25.2. The decision that bid is non-responsive for failure to provide the information required within the time specified shall be at the sole discretion of the City.

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PERFORMANCE BOND, LABOR AND MATERIALMEN’S BOND

FAITHFUL PERFORMANCE BOND AND LABOR AND MATERIALMEN'S BOND:

, a corporation, as principal, and

, a corporation authorized to do business in the State of California, as Surety, hereby obligate themselves, their successors and assigns, jointly and severally, to The City of San Diego a municipal corporation in the sum of for the faithful performance of the annexed contract, and in the sum of for the benefit of laborers and materialmen designated below.

Conditions:

If the Principal shall faithfully perform the annexed contract with the City of San Diego, California, then the obligation herein with respect to a faithful performance shall be void; otherwise it shall remain in full force.

If the Principal shall promptly pay all persons, firms and corporations furnishing materials for or performing labor in the execution of this contract, and shall pay all amounts due under the California Unemployment Insurance Act then the obligation herein with respect to laborers and materialmen shall be void; otherwise it shall remain in full force.

The obligation herein with respect to laborers and materialmen shall inure to the benefit of all persons, firms and corporations entitled to file claims under the provisions of Article 2. Claimants,

(iii) public works of improvement…